Ex-Aurora coach's harassment conviction upheld by high court
The Illinois Supreme Court upheld a former Aurora gymnastics coach's harassment conviction for a 911 call in which he reported a possible drunken driver - who turned out to be the mother of a student who accused him of sexual abuse.
Michael P. Cardamone already served the three-year prison term for the harassment conviction. But Cardamone argued he did not know the driver's identity and, even if he did, calling police is not "communicating" with a witness as the law requires.
Justices disagreed.
"At that moment, the chain of events that defendant put in motion with the intent to harass or annoy (the witness) was complete," according to the court opinion, released Thursday. "Defendant had subtly and indirectly transmitted a message to (the witness) through the police."
Cardamone called police July 7, 2004, shortly after leaving the DuPage County courthouse for a pretrial hearing in his molestation case. He reported the other motorist was driving erratically and appeared to be drunk. Police pulled over the woman, who also had attended the court hearing, but found no evidence to support Cardamone's allegation.
Cardamone later was convicted of inappropriately touching seven of 14 young gymnasts. He was serving a 20-year prison term when his conviction was overturned. Justices ordered a new trial be held. Prosecutors appealed the reversal to the Illinois Supreme Court, which declined to hear the case.
Cardamone, 32, is free on bond while awaiting a second trial in the sex case.
Prosecutors recently indicted him on yet another charge, alleging perjury after his estranged wife told prosecutors she and Cardamone lied about not knowing the driver in the 911 call was a witness. She later recanted, but the grand jury still handed up the indictment.